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KAY v. RENO

Civil Action No. 1:CV-99-0251.

94 F.Supp.2d 546 (2000)

Sombat Map KAY, Petitioner v. Janet RENO, Attorney General of the United States; Doris Meissner, Commissioner of the Immigration and Naturalization Service; and J. Scott Blackman, District Director, Philadelphia District, Respondents

United States District Court, M.D. Pennsylvania.

As Amended April 19, 2000.

Attorney(s) appearing for the Case

James V. Wade, Federal Public Defender, Harrisburg, PA, Helen Morris, Catholic Legal Immigration Network, Inc., Washington, DC, Rebecca H. Feldman, Catholic Legal Immigration Netwwork, Inc., Boston College Immigration & Asylum Project, Newton, MA, Carla Harr, Catholic Legal Immigration Network, Inc., Washington, DC, for Sombat Map Kay.

Williams Michaels, U.S. Dept. of Justice, Civil Division, Michelle Gorden, U.S. Department of Justice, Civil Division, Washington, DC, for Janet Reno, Doris Meissner, J. Scott Blackman.

Gary S. Gilden, Carlisle, PA, Judy Rabinovitz, American Civil Liberties Union, New York City, for Americans Civil Liberties Union Foundation Immigrants' Rights Project.

MEMORANDUM

RAMBO, District Judge.

On February 16, 1999 Petitioner Sombat Map Kay filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. The parties have briefed the issues, the court has conducted oral argument on the petition, and the petition is ripe for disposition.

I. Background1

Petitioner was born in Cambodia on March 3, 1974 and "escaped from Cambodia...

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